Q: That e-mail states that two therapists have told him its unhealthy for him to have a relationship with me. Followed by an e-mail from his father that basically stated the same thing. The last transcript from when we were in court a year ago, the therapist told his father that is was extremely important that our son have a relationship with me and that the father was to encourage one. That also supported by the child's attorney. As far as I know, the child is not seeing any therapists because the one that was in the court case says he hasn't seen our son since our last session. I had also asked 9 months ago the father and his atty if the child was seeing one, no response. The father is unilaterally going against the court, the child's atty and the therapist on record. Is there a case?
We had evals done, and I would assume if there was an issue, the courts would have taken away my rights and his atty would have certainly demanded that, not do the opposite and try and get a reconciliation. His own atty stated in court that 'they hoped for a reconciliation'. Clearly there is no way to do that when the child is being told I am unhealthy for him. I did file violation papers, but these e-mails came after. I waiting to see if the court orders or not. Knowing that I may have lost my son until he is older, are there any repercussions I can ask the court for? There is a visitation order, but I was asked to give our son time to come around. Which I did, though periodically trying to maintain relevance and a connection with e-mails and gifts. My son rarely responds to my e-mails and when he does, they are very hostile. I haven't seen him in about two years now. No, I am not incarcerated in any way. I have a great job, engaged and stepmom to two teens.
A: David's Answer: Let's put it this way - you will either need to choose to enforce your visitation rights - or not. If you allow the father to co-op the child into refusing visitation, then the Court will be all the less sympathetic toward you if you allow the situation to persist & then file a case a year (or later) from now. Your should additionally consider filing a petition to terminate child support based on an unjustified refusal to visit. For a full assessment, schedule a consultation with a Westchester Child Custody attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
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